Powell v Success Leadership P/L [2015] NSWDC 269

District Court New South Wales

Medium Neutral Citation: Powell v Success Leadership P/L [2015] NSWDC 269 Hearing dates: 13 November 2015 Date of orders: 17 November 2015 Decision date: 17 November 2015 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1. Verdict and judgment for the plaintiff in the sum of $287,950.92;

2. The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered;

3. The exhibits may be returned;

4. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: TORTS – negligence – occupier's liability; DAMAGES – assessment of claimed heads of damage Legislation Cited: Civil Liability Act 2002, s 5D, s 15, s 16 Cases Cited: Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13 Penrith City Council v Parks [2004] NSWCA 201 State of NSW v Moss [2000] NSWCA 133, (2000) 54 NSWLR 536 Category: Principal judgment Parties: Stephanie Lenore Powell (Plaintiff) Success Leadership Pty Ltd t/as Richard Martin's Success Martial Arts (Defendant) Representation: Counsel: Mr P Woods (Plaintiff) (No appearance for the Defendant)

Solicitors: Bourke Love (Plaintiff) (No appearance for the Defendant) File Number(s): 2014/376054 Publication restriction: None

Judgment

Table of Contents Nature of case [1] – [2] Facts [3] – [25] Plaintiff's pre-accident background [4] – [8] Circumstances of injury [9] – [10] Injuries [11] Serial imaging studies [12] – [15] Treatment [16] – [17] Medical evidence [18] – [20] Disabilities that remain [21] – [23] Effects on plaintiff's work and domestic activities [24] Mitigation [25] Assessment of damages [26] – [50] Non-economic loss [27] – [31] Past economic loss [32] – [35] Future economic loss [36] – [39] Past loss of superannuation [40] Future loss of superannuation [41] Future domestic care and assistance [42] – [46] Future treatment expenses [47] – [48] Past out-of-pocket expenses [49] Summary of damages assessment [50] Disposition [51] Costs [52] Orders [53]